§ 10-25. Financial responsibility and insurance.

(a)

Nothing in this article shall relieve any person, or persons, or organization from responsibility for any injuries or damages to persons or property, private or public, occasioned by their acts or omissions arising from the activity for which any permit under this article was issued.

(b)

Based upon review of the application, the city may require that the applicant be responsible for trash cleanup of affected areas littered during the activity for which a permit is sought, the provision of sufficient parking and storage areas for a large influx of motor vehicles occasioned by the permitted activity, provision of temporary toilet facilities, and other similar special and extraordinary items determined to be necessary for the permitted activity based upon the application's contents. In order to cover the costs of cleanup which often end up being incurred by the city, each applicant granted a permit for an event with anticipated attendance of less than 100 participants shall be required to pay a cleanup deposit of $500.00 for each day of the event. Each applicant granted a permit for an event with anticipated attendance of over 100 participants shall be required to pay cleanup deposit of $1,000.00 for each day of the event. In the event the applicant cannot afford the daily cleanup deposits, a pauper's affidavit may be filed by the applicant, seeking to be excused from the deposits. The decision on whether the daily cleanup deposits are to be waived shall be made concurrently with the decision on the application itself, and shall be contemporaneously communicated to the applicant. The city shall apply the cleanup deposits towards the cost of cleanup following the event. Any portion of the cleanup deposits not used by the city shall be returned to the applicant within ten days of completion of event cleanup. In no event shall the city require individuals, organizations or groups of persons to provide personnel for normal governmental functions, such as traffic control, police protection, or other expenses associated with the maintenance of public order. If additional requirements are placed on applicants in accordance with this subsection, and those requirements are not met despite assurances by the applicant, then failure to comply with the aforementioned requirements shall be grounds for revocation of the issued permit and/or denial of any subsequent permit requested by the applicant. The city shall be entitled to recover against the applicant the sums expended by the city for those extraordinary expenses agreed to but not provided by the applicant.

(c)

Insurance requirements: Applicants for a permit under this article shall be required to obtain insurance for the parade, demonstration, rally, road closing, or other such activity whenever any one or more of the following threshold criteria are met:

(i)

Primary attendance (that is, attendance primarily for said parade, demonstration, rally, road closing, or other such activity, and not attendance which is the result of another event) is reasonably expected to meet or exceed 5,000 persons;

(ii)

The parade, demonstration, rally, road closing, or other such activity will include the use, participation, exhibition, or showing of live animals;

(iii)

The parade, demonstration, rally, road closing, or other such activity will include the use, participation, exhibition, or showing of automobiles of any size or description, motorcycles, tractors or similar conveyances;

(iv)

The parade, demonstration, rally, road closing, or other such activity will include the use or a stage, platforms, bleachers, or grandstands which will be erected for the event;

(v)

The parade, demonstration, rally, road closing, or other such activity will include the use of inflatable apparatus used for jumping, bouncing, or similar activities;

(vi)

The parade, demonstration, rally, road closing, or other such activity shall include the use of roller coasters, bungee jumping, or similar activities; or

(vii)

The parade, demonstration, rally, road closing, or other such activity shall include vendors or concessions.

To comply with this requirement any applicant to whom this section applies shall provide the city with a copy of the declarations page of the applicant's liability insurance in place to cover the event set forth in the permit application. For such events the city shall be added as a named insured for the event on the declarations page by the insurance carrier. Minimum policy limits shall be $1,000,000.00 per person per incident, $2,000,000.00 aggregate for the entire event. All costs for the insurance and adding the city as an additional named insured shall be borne by the applicant. The insurance shall be such as to protect the city from any and all claims of damages to property and/or bodily injury.

(Ord. of 6-6-1989, § 3; Ord. of 6-1-2009 § 8; Ord. of 10-5-2009, §§ 1, 2; Ord. of 12-21-2015, §§ 5, 6)